A (des)regulação da atividade prestada por motoristas de aplicativo: ponderações sobre o trabalho decente no serviço privado de transporte individual de passageiros

Abstract

This article investigates to what extent the absence or insufficiency of regulations regarding individual transportation services performed by drivers of mandatory applications for this professional category affects the classification of the concept of decent work, as provided by the ILO, in order to transfer the precariousness of the working environment of such workers. It is based on the hypothesis that the lack of an adequate regulatory framework is the cause of increased vulnerability of these workers, which makes it difficult to enforce their fundamental rights. The study is based on the evolution of labor relations in the face of the digital economy and the legal challenges imposed by the lack of clarity about the employment relationship of Uber's partner drivers. The methodology used was an interdisciplinary and exploratory bibliographical research, with analysis of legislation, doctrine and jurisdiction. In the end, it is concluded that the divergence, especially in case law resulting from the lack of specific regulation, impacts the levels of decent working conditions of these professionals, resulting in exhausting working hours, financial instability and lack of labor guarantees.